Definition of Family Violence under the Family Law Act
The Family Law Act 1975 contains specific provisions which define:
- What is Family Violence;
- What constitutes exposing a Child to Family Violence;
- What is abuse in relation to a Child.
When will there be found to be Family Violence against an Adult
When will the Family Court consider there has been Family Violence committed by one adult against another adult?
The Family Law Act 1975 says what behaviour is considered to be Family Violence.
Under the Family Law Act 1975, Family Violence is:
- Violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful.
What constitutes exposing a Child to Family Violence
Adults can also be found to expose children to Family Violence.
The Family Law Act 1975 also describes the circumstances in which a child will be considered to be exposed to Family Violence.
Under the Family Law Act 1975, a child is exposed to Family Violence if:
- the child sees or hears family violence; or
- otherwise experiences the effects of family violence.
What is abuse in relation to a Child
The circumstances in which a child is abused are also detailed in the Family Law Act 1975.
The Family Law Act 1975 defines Abuse, in relation to a child as:
- an assault, including a sexual assault, of the child; or
- a person involving the child in a sexual activity with them or with another person, in which the child is used, directly or indirectly, as a sexual object by them or another person, and where there is an unequal power in the relationship between the child and the person; or
- causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence; or
- serious neglect of the child.
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Other Pages in the Family & Domestic Violence Section
- What constitutes Family Violence & when is it considered to have occurred
- What are examples of Family Violence having occurred
- What are examples of a Child being exposed to Family Violence
- Domestic Violence: The Law you need to know
- What amounts to actual Domestic Violence
- Who makes the Application for a Domestic Violence Protection Order
- When will a Court make a Domestic Violence Protection Order
- What does a Domestic Violence Protection Order say
- How long does a Domestic Violence Protection Order apply for
- Can I get a Temporary or Urgent Domestic Violence Protection Order
- Can I end (revoke) or vary (change) a Domestic Violence Protection Order
- Who will represent me in Court in a Domestic Violence Matter